11/15/2022 Agreement Kevin Madok, cpA
Fyn couprt
.............. Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: December 6, 2022
TO: Jolin Allen
Director ol'Parks& Beaclics
ATTN: Naomi Pagidas
Executive Assistant
FROM: Painela G. Hancock,
SUBJECT: November 15" BOCC Meeting
Attaclied is an electronic copy of the f(Alowing item for your liandling:
F6 Agreement widi RollKall Teclinolopies, U,C, for processing of payment for
security services for die Monroe County Slierill's Department oll-duty security details. This
agreement will allow the Count),to process invoices for those details at various county locations for
several County departments.
Sliould you leave any questions please 1'ecl 1'ree to contact me at (305) 292-3550.
Cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
AGREEMENT
FOR THE PROCESSING OF PAYMENT FOR SECURITY SERVICES
PERFORMED BY MONROE COUNTY DEPUTY SHERIFFS DURING
OFF-DUTY DETAILS ON MONROE COUNTY PROPERTY
15th November
This Agreement is made and entered into this 44t4 day of (4e+4e , 2022, between
MONROE COUNTY, FLORIDA ("COUN'ry,'), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, and RollKall Technologies,
LLC, a Delciwcire Limiled Lzcibilily Comj)cu y, authorized to do business in the State of Florida,
("CON-rRAC-rOR"), whose address is 600 East [-as Colinas Boulevard; Suite 900, Irving, 'T'exas
75039-5631
WHEREAS, COUNTY has an ongoing need for the provision of security and law
enforcement services on COUNTY facilities and at public events on COUNTY property; and
WHEREAS, the Monroe County Sheriff Office, among other law enforcement agencies
and private security firms, has currently furnished to the COUNTY law enforcement officers,
primarily Deputy Sheriffs ("Deputy Sheriffs"), to perform security and law enforcement service
details for the COUNTY at its facilities and property during their off-duty hours; and
WHEREAS, COUNTY currently pays the Deputy Sheriffs directly for the provision of
these services; and
WHEREAS, the scheduling of the Deputy Sheriffs during their off-duty hours would be
enhanced and payment thereto for the services provided to the COUNTY would be expedited by
the utilization of the RollKall Payment System Platform; and
WHEREAS, COUNTY desires to contract for the performance of the work or services
described in the below Scope of Work; and
WHEREAS, CONTRACTOR desires to and is able to perform the work or services
described in below Scope of Work; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to perform the
services, as described in the below Scope of Work for COUNTY1-
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
contained herein, it is agreed as follows:
I a THE AGREEMENT
,T'he Agreement consists of this document and all insurance documentation required
hereunder, and attachments, if any.
2. SCOPE OF WORK
The RollKall Platform Payment System ("RollKall Platform") only enables connections
between law enforcement agencies, off-duty officers, and persons seeking to obtain
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
security services from such officers, for the fulfillment of contract employment. COUNTY
shall pay the Monroe County Sheriff Deputy directly for completed services through the
RoIlKall Platform. Payments are processed through Stripe, a third-party certified Payment
Card Industry Information (PCI) Service Provider, Level 1. Deputies will be issued a 1099-
K. from CONTRACTOR for services provided to COUNTY.
3. PERSONNEL
Communication between the COUNTY Representative and the CON,rRAC,rOR'S
personnel is of paramount importance. Therefore, the CONTRACTOR must assure that at
least one (1) of its personnel can communicate well in the English language with the
COUNTY Representative. Any employee hired by the CONTRACTOR shall be the
CONTRACTOR'S employee and in no way has any employment association with the
COUNTY. The CONTRACTOR shall ensure that its employees are trained in all
appropriate safety regulations including, but not limited to, OSHA regulations, security
protocols of the Monroe County Sheriff Office, the proper safeguarding of confidential
personnel information of governmental safety officers exempt from public disclosure
pursuant to Subsection 119.071(4),Florida Statutes and all other applicable local, State and
Federal regulations.
4. CONTRACT S I JM AND PAYMENTS TO CONTRACTOR
A. COUN,rY,s performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Monroe County Board of County
Commissioners ("BOCC"). COUN,rY shall pay in accordance with the Florida
Local Government Prompt Payment Act and Monroe County Code. Payment will
be made after delivery to and inspection by COUNTY of the information described
in Subsection 4(D) of this Agreement and upon submission of a proper invoice by
CONTRACTOR.
B. CONTRACTOR shall submit to the Monroe County Sheriff Office accurate and
timely information regarding the services provided to the COUNTY by Deputies
no later than twenty (20) days after law enforcement off duty detail is performed
with such supporting documentation acceptable to the Office of Monroe County
Clerk and Comptroller ("Clerk"). Acceptability to the Clerk is based on generally
accepted accounting principles and such laws,rules, and regulations as may govern
the Clerk's disbursal of funds. Monroe County's Fiscal Year is October 1st through
September 3 01h All outstanding invoices must be submitted for payment within ten
(10) days of the end of the Fiscal Year to avoid non-payment for those services.
C. The COUNTY shall pay the rate set by the Monroe County Sheriff7s Office
(currently $55 per hour per Deputy requested for the off-duty detail, plus five
percent(5%), which such 5% will be retained by CONTRACTOR in consideration
of CONTRACTOR fulfilling its obligations of this Agreement, including
COUNTY insurance requirements. Any adjustment to the hourly rate or the
percentage charged to the COUNTY requires the approval of the Monroe County
Sheriff Office and the Monroe County Board of County Commissioners.
2
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
Notwithstanding any other provision contained herein, should such adi ustment not
be agreed to by the Office of Sheriff and the COUNTY, this agreement shall
immediately terminate.
D CONTRACTOR shall submit to the Monroe County Sheriff Office accurate and
timely information regarding the services provided to the COUNTY by an off-duty
Deputy from which all invoices can be generated by the Monroe County Sheriff
Office. Such information, at minimum, shall include: the name of the Monroe
County Deputy, the Date of the Detail, the Exact Hours of the Detail and the Total
Dollar Amount Requested. Such information shall be contemporaneously provided
to the COUNTY for verification.
E CONTRACTOR shall prepare all documentation required by this Agreement in
such a manner that it shall be accurate, coordinated and adequate for use in
verifying work completed and shall be in conformity and comply with all applicable
law, codes and regulations. The CONTRACTOR warrants that the documents
prepared as a part of this Agreement will be adequate and sufficient to document
costs in a manner that is acceptable for reimbursement by government agencies.
F The services provided by this Agreement are limited to the payment for
performance of security services to COUNTY by off-duty Monroe County Deputy
Sheriffs. If scheduled services are not provided by an off-duty Deputy, COUNTY
will not pay the 5% service fee to CONTRACTOR for the scheduled service.
5. TERM OF AGREEMENT
This three (3) year Agreement shall commence retroactive to October 1, 2022, and ends
upon September 30, 2025, unless terminated earlier under either Subparagraph 4(C) or
Paragraph 21 of this Agreement. The COUNTY shall have the option to renew this
Agreement for up to an additional two (2) two-year periods on terms and conditions
mutually agreeable to the parties, exercisable upon written notice given at least thirty (30)
days prior to the end of the initial term. Unless the context clearly indicates otherwise,
references to the "term" of this Agreement shall mean the initial term of three (3) years.
The COUNTY is not required to state a reason if it elects not to renew.
6. LICENSES
CONTRACTOR has, and shall maintain throughout the term of this Agreement, all
licenses, pen-nits or other authorizations necessary to fulfill its obligations under this
Agreement. Proof of such licenses shall be submitted to the COUNTY upon execution of
this Agreement and annually thereafter or upon any renewal.
7. MAINTENANCE OF RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of seven (7) years
from the termination of this Agreement or five (5) years from the submission of the final
3
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
expenditure report as per 2 CFR §200.33, if applicable, whichever is greater. Each party to
this Agreement or their authorized representatives shall have reasonable and timely access
to such records of each other party to this Agreement for public records purposes during
the term of the Agreement and for seven (7) years following the termination of this
Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid
to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by
this Agreement or were wrongfully retained by the CONTRACTOR, the CONTRACTOR
shall repay the monies together with interest calculated pursuant to Section 55.03, Florida
Statutes, running from the date the monies were paid by the COUNTY.
8. RIGHT TO A LJDIT
Availabilily (?f Records. The records of the parties to this Agreement relating to their
respective rights and obligations hereunder, which shall include but not be limited to
accounting records (hard copy, as well as computer readable data if it can be made
available; subcontract files (including proposals of successful and unsuccessful bidders,
bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work
sheets; correspondence; change order files (including documentation covering negotiated
settlements); backcharge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any other
supporting evidence deemed necessary by COUNTY or the Clerk to substantiate charges
related to this Agreement, and all other agreements, sources of information and matters
that may, in COIJN,ry,s or the County Clerk's reasonable judgment, have any bearing on
or pertain to any matters, rights, duties or obligations under or covered by any contract
document (all foregoing hereinafter referred to as "Records") shall be open to inspection
and subject to audit and/or reproduction by County's representative and/or agents or the
County Clerk. County or County Clerk may also conduct verifications such as, but not
limited to, counting employees at the job site, witnessing the distribution of payroll,
verifying payroll computations, overhead computations, observing vendor and supplier
payments, miscellaneous allocations, special charges, verifying information and amounts
through interviews and written confirmations with employees, Subcontractors, suppliers,
and Contractor's representatives. All records shall be kept for ten (10) years after Final
Completion of the Project. The County Clerk possesses the independent authority to
conduct an audit of Records, assets, and activities relating to this Project. If any auditor
employed by the Monroe County or County Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement,the Contractor shall repay the monies together with interest calculated pursuant
to Section 55.03, Florida Statutes, running from the date the monies were paid to
Contractor.
9. PUBLIC RECORDS COMPLIANCE
CONTRACTOR must comply with Florida public records laws, including but not limited
to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida.
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and
inspection of, all documents, records, papers, letters or other "public record" materials in
its possession or under its control subjectto the provisions of Chapter 119,Florida Statutes,
4
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
and made or received by the COUNTY and CONTRACTOR in conjunction with this
contract and related to contract performance. The COUNTY shall have the right to
unilaterally cancel this contract in accordance with Section 2 1(C)hereof upon violation of
this provision by the CONTRACTOR.Failure of the CONTRACTOR to abide by the terms
of this provision shall be deemed a material breach of this contract and the COUNTY may
enforce the terms of this provision in the form of a court proceeding and shall, if it is the
prevailing party, be entitled to reimbursement of all attorney's fees and costs associated
with that proceeding. This provision shall survive any termination or expiration of the
contract.
The CONTRACTOR is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the COUNTY to
perform the service.
(2) Upon receipt from the COIJN,ry,s custodian of records, provide the COUNTY
with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
CONTRACTOR does not transfer the records to the COUNTY.
(4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public
records in possession of the CONTRACTOR or keep and maintain public records
that would be required by the COUNTY to perform the service. If the
CONTRACTOR transfers all public records to the COUNTY upon completion of
the contract, the CONTRACTOR shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements.
If the CONTRACTOR keeps and maintains public records upon completion of the
contract, the CONTRACTOR shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the COUNTY,
upon request from the COIJN,ry,s custodian of records, in a format that is
compatible with the information technology systems of the COUNTY.
(5) A request to inspect or copy public records relating to a COUNTY contract must
be made directly to the COUNTY, but if the COUNTY does not possess the
requested records, the COUNTY shall immediately notify the CONTRACTOR of
the request, and the CONTRACTOR must provide the records to the COUNTY or
allow the records to be inspected or copied within a reasonable time.
5
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
If the CON'rRAC'rOR does not comply with the COUN'ry,S request for records,
the COUNTY shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the COUN'ry,s option and right to unilaterally
cancel this contract in accordance with Section 21(C) hereof upon violation of this
provision by the CONTRACTOR. A CONTRACTOR who fails to provide the
public records to the COUNTY or pursuant to a valid public records request within
a reasonable time may be subject to penalties under Section 1 19.10, Florida
Statutes.
The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision or as
otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDINGTHE APPLICATION
OF CHAPTER 119, FLORIDA STATU-rES, -ro -rHE CON-rRAC-rOR'S Dury
TO PROVIDE PUBLIC RECORDS RELATING TO 'THIS CONTRACT',
CONTACT-THE CUSTODIAN OF PUBLIC RECORDS,BRIAN BRADLEY AT'
PHONE4 305-292- 3470, BRAD L,EYBRIAN(a7 MONROECOUNTY.-F L,.GOV,
MONROE COUN'rY ArroRNEY'S OFFICE, 1111 12,rH s'rREE'r, stilm 408,
KEY WEST', F1, 33040.
10. HOLD HAR D INS URANCE
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, CONTRACTOR shall defend, indemnify, and hold the COUNTY and the
COIJN,ry,s elected and appointed officers and employees harmless from and against (i)
any claims, actions or causes of action, (ii) any litigation, administrative proceedings,
appellate proceedings, or other proceedings relating to any type of injury(including death),
loss,damage,fine, penalty or business interruption,and(iii)any costs or expenses that may
be asserted against,initiated with respectto,or sustained by, any indemnified party, in each
case solely to the extent arising by reason of, or in connection with, (A) the negligence,
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of
CONTRACTOR or any of its employees, agents, sub.-contractors, or other invitees, or(B)
CON'rRAC'rOR'S default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the negligent or more culpable acts or
omissions of the COUNTY or any of its employees, agents, contractors, or invitees (other
than CONTRACTOR).
IN NO EVENTSHALA, CONTRACTOR BE LIABLE UNDER THIS AGREEMENT-TO
COUNTY OR ANY 'THIRD PARTY FOR CONSEQUENTIAL, INDIRECT',
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES,
L,OST PRO FITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF,
REL,ATING TO, OR IN CONNECTION WITH ANY BREACH OF 'THIS
AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE
FORESEEABL,E, (B) WHETHER OR NOT' ITWAS ADVISED OF THE POSSIBI1,ITY
6
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
OF SUCH DAMAGES AND (C) 'THE LEGAL OR EQUITABLE 'THEORY
(CONTRACT, TORT' CAR OTHERWISE) UPON HICII THE CLAIM IS BASED.
IN NO EVI-,".N,r SHALL CON,rRAC,rOR'S AGGREGATE LIABuxrY ARISING Our
OF OR RELATED TO 'THIS AGREEMENT, WHETHER ARISING OUT' OF OR
RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGI--,NCE) OR
OTHERWISE, EXCEED THETOTAL OF THE AMOUNT'S PAID OR PAYABLET'O
CONTRACTOR OR $1 MILLION, WHICHEVER IS GREATER.
Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses
relate to events or circumstances that occur during the term of this Agreement, this section
will survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event that the completion of the project(to include the work of others) is delayed or
suspended as a result of the CON,rRAC,rOR'S failure to purchase or maintain the required
insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased
expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement. Failure of CONTRACTOR to
comply with the requirements of this section shall be cause for immediate termination of
this Agreement.
11. INSLJRANCE
CONTRACTOR shall obtain insurance as specified and maintain the required insurance at
all times that this Agreement is in effect. The coverage provided herein shall be provided
by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the
State of Florida and that has an agent for service of process within the State of Florida.
Prior to execution of this Agreement, CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following
amounts:
A. WORKERS COMPENSATION AND EMPLOYER'S LIABILITY
INSLJRANCE. Where applicable, coverage to apply for all employees at the
minimum statutory limit as required by Florida Law, and Employee's Liability
coverage in the amount of $100,000.00 bodily injury by accident, $500,000.00
bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease,
each employee.
B. COMPREHENSIVE ALJTOMOBILE VEHICLE IJABILITY INSLJRANCE.
Motor vehicle liability insurance, including applicable no-fault coverage, with
limits of liability of not less than $300 000.00 per occurrence,combined single limit
for Bodily Injury Liability and Property Damage Liability. Coverage shall include
all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits
are provided, the minimum acceptable limits are $200 0.00.00 per person,
7
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
$300 0.00.00 per occurrence, and $200 0.00.00 property damage. Coverage shall
include all owned vehicles, all non-owned vehicles, and all hired vehicles.
C. COMMERCIAL GENERAL LIABILITY. Commercial General Liability
Insurance, including Personal Injury I.Jability, covering claims for injuries to
members of the public or damage to property of others arising out of any covered
act or omission of the CONTRACTOR or any of its employees, agents or
subcontractors or subcontractors, including Premises and/or Operations, Products
and Completed Operations, Independent Contractors; Broad Form Property
Damage and a Limited Contractual Liability Endorsement $1,000,000 per
occurrence and $10,000,000 umbrella coverage for Bodily Injury Liability and
Property Damage Lability. Coverage shall be no less extensive that that set forth
in CON,rRAC,rOR'S "Special Form" General I-iability Coverage.
An Occurrence Form policy is preferred. If coverage is changed to or provided on
a Claims Made policy, its provisions should include coverage for claims filed on or
after the effective date of this contract. In addition,the period for which claims may
be reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
D PROFESSIONAL, LIABILITY INSURANCE OR ENGINEER'S ERRORS
AND OMISSIONS INSURANCE of 1,000,000 per claim and 1,000,000 annual
aggregate.
E CYBER L[ABILITY INSURANCE to include the following coverages: Data
Breach,Network Security Lability,Internet Media,Network Extortion,Regulatory
Proceedings, PCI Fine and Cost. The minimum limits acceptable is: $1,000,000
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be
provided to the COUNTY at the time of execution of this Agreement and certified
copies provided if requested. Each policy certificate shall be endorsed with a
provision that not less than thirty (30) calendar days' written notice shall be
provided to the COUNTY before any policy or coverage is canceled or restricted.
The underwriter of such insurance shall be qualified to do business in the State of
Florida. If requested by the County Administrator, the insurance coverage shall be
primary insurance with respect to the COUNTY, its officials, employees, agents,
and volunteers.
The CONTRACTOR shall require its subcontractors to be adequately insured at
least to the limits prescribed above. The COUNTY will not pay for increased limits
of insurance for subcontractors.
As a pre-requisite of the work and services governed, or the goods supplied under
this contract (including the pre-staging of personnel and material), the
CONTRACTOR shall obtain, at its/his/her own expense, insurance as specified
herein. The CONTRACTOR will ensure that the insurance obtained will extend
protection to all Subcontractors engaged by the CONTRACTOR.Alternatively,the
8
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
CONTRACTOR may require all Subcontractors to obtain insurance consistent with
the provisions of this Agreement.
The CONTRACTOR will not be permitted to commence work governed by this
Agreement (including pre-staging of personnel and material) until satisfactory
evidence of the required insurance has been furnished to the COUNTY as specified
below. Delays in the commencement of work, resulting from the failure of the
CONTRACTOR to provide satisfactory evidence of the required insurance, shall
not extend deadlines specified in this Agreement.
The CONTRACTOR shall maintain the required insurance throughout the entire
term of this Agreement and renewal term(s), if any. Failure to comply with this
provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced.
The CONTRACTOR will be held responsible for all deductibles and self-insured
retentions that may be contained in the CON'rRAC'rOR'S Insurance policies.
The CONTRACTOR shall provide to the COUNTY, as satisfactory evidence of the
required insurance, either:
0 Certificate of Insurance.
0 A Certified Copy of the Actual Insurance Policy
The COUNTY, at its sole option, has the right to request a certified copy of any
or all insurance policies, including all amendments, endorsements, exclusions or
changes to the policy, required by this contract
All insurance policies must specify that they are not subject to cancellation, non.-
renewal, material change, or reduction in coverage unless a minimum of thirty (30)
days prior notification is given to the COUNTY by the insurer.
'rhe acceptance and/or approval of the CON'rRAC'rOR'S insurance shall not be
construed as relieving the CONTRACTOR from any liability or obligation assumed
under this Agreement or imposed by law.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, IT'S
EMPLOYEES AND OFFICIALS SHALL BE NAMED AS CERTIFICATE
HOLDER AND ADDITIONAL INSUREDS WITH RESPECT' TO
CON'rRAC'rOR'S LIABuxr][ES HERE(JNDER ON ALL POLICIES EXCEP'r
WORKER'S COMPE".NSA'riON AND PROFESSIONAL LIABuxry
INSURANCE OR ENGINEER'S ERRORS AND OMISSIONS INSURANCE.
12. NON-WAIVER OF IMMLJNITY
Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the
COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability
9
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
insurance pool coverage shall not be deemed a waiver of immunity t®the extent of liability
coverage, nor shall any Agreement entered into by the COUNTY be required t® contain
any provision for waiver.
13. INDEPENDENT CONTRACTOR
At all times and for all purposes under this Agreement, CONTRACTOR is an independent
contract®r and not an employee of the Board of County Commissioners of Monr®e County.
N®statement contained in this Agreement shall be construed s®as to find CONTRACTOR
®r any ®f its employees, subcontractors, servants, ®r agents t® be employees of the Board
of County Commissioners of Monroe County.
14. NONDISCRIMINATIOL1 1JAL EMPLOYMENT OPPORTUNITY
CONTRACTOR and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
CONTRACTOR and COUNTY agree t® comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating t®nondiscrimination. These include but are not
limited to: 1) Title VII of the Civil Rights Act ®1 1964 (PI, 88-352) which prohibits
discrimination on the basis of race, color ®r national origin; 2) Title IX of the Education
Amendment®1 1972,as amended(20 USC ss. 1681-1683,and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act ®1 1973, as
amended(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)'The
Age Discrimination Act ®1 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) 'The Drug Abuse Office and 'T'reati-nent Act ®1 1972
(PI, 92-255), as amended, relating t® nondiscrimination on the basis of drug abuse; 6) 'The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act®1 1970 (PI,91-616), as amended, relating t®nondiscrimination on the basis of alcohol
abuse ®r alcoholism; 7) 'The Public Health Service Act ®1 1912, ss. 523 and 527 (42 USC
ss. 690dd.-3 and 290ee.-3), as amended,relating t®confidentiality of alcohol and drug abuse
patient records; 8) Title VIII of the Civil Rights Act ®1 1968 (42 USC s. 3601 et seq.), as
amended, relating t® nondiscrimination in the sale, rental ®r financing of housing; 9) 'The
Americans with Disabilities Act of 1990(42 USC s. 12 101 Note), as may be amended from
time t® time, relating t® nondiscrimination on the basis of disability; 10) onr®e County
Code Chapter 14, Article 11, which prohibits discrimination on the basis ®Trace, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity ®r expression,
familial status ®r age; I I) Any other nondiscrimination provisions in any Federal ®r state
statutes which may apply t®the parties to, ®r the subject matter of, this Agreement.
During the performance of this Agreement,the CONTRACTOR,in accordance with Equal
E'ni,I)Io�ymenl 01)1)orl7 nity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,
p. 339),as amended by Executive Order 11375,Amending Execulive Order 11246 Relating
to Equal EniI)Io�ymenl 01)1)orlunity, and implementing regulations at 41 C.F.R. Part 60
(Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department®1 Labor). See 2 C.F.R. Part 200, Appendix 11, ¶ C, agrees as follows:
10
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
(1) The CONTRACTOR will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, sexual
orientation, gender identity, or national origin. The CONTRACTOR will
take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race,
color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer, recruitment or recruitment advertising-,
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The CONTRACTOR
agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The CONTRACTOR will, in all solicitations or advertisements for
employees placed by or on behalf of the CONTRACTOR, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
(3) The CONTRACTOR will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee
or applicant has inquired about, discussed, or disclosed the compensation of
the employee or applicant or another employee or applicant. This provision
shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as apart of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal
complaint or charge,in furtherance of an investigation, proceeding,hearing,
or action, including an investigation conducted by the employer, or is
consistent with the CON,rRAC,rOR'S legal duty to furnish information.
(4) The CONTRACTOR will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representative of the CON,rRAC,rOR'S commitments
under this section and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The CONTRACTOR will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(6) The CONTRACTOR will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and
11
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
will permit access to its books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(7) In the event of the CON'rRAc'rOR'S noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated or
suspended in whole or in part and the CONTRACTOR may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(8) The CONTRACTOR will include the portion of the sentence immediately
preceding paragraph (I) and the provisions of paragraphs (I) through (8) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will
be binding upon each subcontractor or vendor. The CONTRACTOR will
take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions,
including sanctions for non-compliance; provided, however, that in the
event a contractor becomes involved in,or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the administering
agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
15. ASS IGNMENT/S LJBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this Agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this Agreement. Unless expressly provided for therein,
such approval shall in no manner or event be deemed to impose any additional obligation
upon the Board.
16. COMPLIANCE WITH LAW AND LICENSE RL�QUIREMENTS
In providing all services/goods pursuant to this Agreement, CONTRACTOR shall abide
by all laws of the Federal and State government, ordinances, rules, and regulations
pertaining to, or regulating the provisions of, such services, including those now in effect
and hereinafter adopted. Compliance with all laws includes, but is not limited to, the
immigration laws of the Federal and State government. Any violation of said statutes,
12
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
ordinances, rules, and regulations shall constitute a material breach of this Agreement and
shall entitle the COUNTY to terminate this Agreement. CONTRACTOR shall possess
proper licenses to perform work in accordance with these specifications throughout the
term of this Agreement.
17. DISCLOSLJRE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principals and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in
any manner with the performance of services required by this contract, as provided in
Section 112311, et. seq., Florida Statutes.
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position; conflicting employment or contractual relationship; and
disclosure or use of certain information.
No Solicitation/Payment. COUNTY and CONTRACTOR warrant that, in respect to
themselves, they have neither employed nor retained any company or person, other than
bona fide employees working solely for them, to solicit or secure this Agreement and that
they have not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for them, any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that
the COUNTY shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
18. NO PLEDGE OF CREDIT
CON,rRAC,rOR shall not pledge the COIJN,ry,s credit or make it a guarantor of payment
or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness.
CONTRACTOR further warrants and represents that it has no obligation or indebtedness
that would impair its ability to fulfill the terms of this contract.
19. NOTICE REQLIRL=
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONTRACTOR. Any written notices or correspondence required or
permitted under this Agreement shall be sentby United States Mail,certified,return receipt
requested, postage pre-paid, or by courier with proof of delivery. The place of giving
Notice shall remain the same as set forth herein until changed in writing in the manner
provided in this paragraph. Notice is deemed received by CONTRACTOR when hand
delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt
or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the
following persons:
13
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
FOR COUNTY: FOR CONTRACTOR:
Monroe County RoIlK.all 'T'echnologies, LLC
Manager, Monroe County Public Library Attn: ----------------------------------------
700 Fleming Street 600 East Las Colinas Boulevard
Key West, FL, 33040 Suite 900
Irving, 'Texas 75039-5633
Monroe County
Director of Parks & Beaches
102050 Overseas Highway
Key Largo, Florida 33047
And
Monroe County Attorney
111 12 th Street, Suite 408
Key West, FL 33040
20. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR
shall not be exempted by virtue of the COIJN,ry,s exemption from paying sales tax to its
suppliers for materials used to fulfill its obligations under this contract, nor is
CONTRACTOR authorized to use the COUNTY' 'lax Exemption Number in securing
such materials.
CONTRACTOR shall be responsible for any and all taxes, or payments of withholding,
related to services rendered under this Agreement.
21. TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect
of service, the COUNTY shall have the right to terminate this Agreement after five
(5) days' written notification to the CON,rRAC,rOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days' written notice of its intention to do so. If the COUNTY
terminates this Agreement with the CONTRACTOR pursuantto this Section 21(B),
COUNTY shall pay CONTRACTOR all amounts due the CONTRACTOR arising
under this Agreement prior to termination.
C. Termination for Cause and Remedies: In the event of breach of any contract terms
by a party, the other party retains the right to terminate this Agreement in
accordance with this Section 21(C). In the event of such termination, prior to
termination, the non-breaching shall provide the breaching party with five (5)
calendar days' notice and provide the breaching party with an opportunity to cure
14
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
the breach that has occurred. If the breach is not cured, the Agreement will be
terminated for cause. If the COUNTY terminates this Agreement with the
CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the
CONTRACTOR under this Agreement prior to termination; however, the
COUNTY reserves the right to assert and seek an offset for damages caused by the
breach. The maximum amount due to CONTRACTOR shall not in any event
exceed the agreed amounts in this Agreement. In addition, the COUNTY reserves
all rights available to recoup monies paid under this Agreement, including the right
to sue for breach of contract and including the right to pursue a claim for violation
of the COIJN,ry,s False Claims Ordinance, located at Section 2-721 et al. of the
Monroe County Code.
D Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) days' notice to CON,rRAC,rOR. If the
COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall
Tray CONTRACTOR the sum due the CONTRACTOR under this Agreement prior
to termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to CONTRACTOR shall not
exceed the spending cap in this Agreement.
E For Contracts of any amount, if the COUNTY determines that the CONTRACTOR
has submitted a false certification under Section 287.135(5), Florida Statutes, or
has been placed on the Scrutinized Companies that Boycott Israel List, or is
engaged in a boycott of Israel, the COUNTY shall have the option of (I)
terminating the Agreement after it has given the CONTRACTOR written notice
and an opportunity to demonstrate the agency's determination of false certification
was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining
the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met.
F. For Contracts of $1,000,000 or more, if the COUNTY determines that the
CONTRACTOR submitted a false certification under Section 287.135(5), Florida
Statutes, or if the CONTRACTOR has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba
or Syria, the County shall have the option of(I) terminating the Agreement after it
has given the CONTRACTOR written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions
of Section 287.135(4), Florida Statutes, are met.
22. GOVERNING LLAW, VENU.EAND.1NT.ERPR.ETAT.10N
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement,the COUNTY and CONTRACTOR agree
that venue will lie in the appropriate court or before the appropriate administrative body in
15
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
Monroe County, Florida. The Parties waive their rights to trial by jury. This agreement
shall not be subject to arbitration.
23. MED[ATION
'The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations
of the terms or a term of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the Circuit Court of Monroe County.
24. SEVERABILITY
If any term, covenant, condition or provision of this Agreement(or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent by
a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the remaining terms,
covenants,conditions and provisions of this Agreement would prevent the accomplishment
of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision.
25. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that, in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement
or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against
the non-prevailing party, at all levels of the court system, including in appellate
proceedings.
26. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the
claim or dispute with meet and confer sessions. If the issue or issues are still not resolved
to the satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law. This Agreement is not
subject to arbitration. This provision does not negate or waive the provisions of Paragraph
14 or Paragraph 21 concerning termination or cancellation.
16
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
27. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNTY and
CONTRACTOR specifically agree that no party to this Agreement shall be required to
enter into any arbitration proceedings related to this Agreement.
28. BINDING EFFECT
,The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
29. AUTHORITY
Each party represents and warrants to the other that the execution, delivery, and
performance of this Agreement have been duly authorized by all necessary COUNTY and
corporate action, as required by law. Each party agrees that it has had ample opportunity
to submit this Contract to legal counsel of its choice and enters into this agreement freely,
voluntarily, and with advice of counsel.
30. CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement. Any
conditions imposed as a result of funding that affect this Agreement will be provided to
each party.
31. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of
the COUNTY, when performing their respective functions under this Agreement within
the territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents,volunteers,or employees
outside the territorial limits of the COUNTY.
32. LEGAL OBLIGATIONS AND RESPONSIBILITIES/NON-DEI EGATION OF
CONSTITUTIONAL OR STATUTORY DUTIES.
This Agreement is not intended to, nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further,
17
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
this Agreement is not intended to, nor shall it be construed as, authorizing the delegation
of the constitutional or statutory duties of the COUNTY, except to the extent permitted by
the Florida constitution, state statute, and case law.
33. NON-REIJANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior to
the community in general or for the purposes contemplated in this Agreement.
34. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to the extent reasonably necessary to carry out the provisions of this Agreement
and give effect to the transactions contemplated hereby, including, but not limited to, a
Public Entity Crime Statement,an Ethics Statement,Non.-Collusion Statement,and a Drug.-
Free Workplace Statement(Attachment A).
35. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement
of any member, officer, agent, or employee of COUNTY or CONTRACTOR in his or her
individual capacity, and no member, officer, agent, or employee of COUNTY or
CONTRACTOR shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
36. EXEC UTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
37. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
38. PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
18
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
to provide any goods or services to a public entity, may not submit a bid, proposal, or reply
on a contract with a public entity for the construction or repair of a public building or public
work,may not submit bids on leases of real property to a public entity,may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.0 17, Florida Statutes, for CATEGORY
TWO for a period of thirty.- six (36)months from the date of being placed on the convicted
vendor list."
39. MUTUAL REVIEW
This Agreement has been carefully reviewed by CONTRACTOR and the COUNTY.
Therefore, this Agreement is not to be construed against either party on the basis of
authorship.
40. ANNUAL APPROPRIATION
The CO[JN,ry,s performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners. In the event that the
COUNTY funds on which this Agreement is dependent are withdrawn, this Agreement
will be terminated upon CON,rRAC,rOR'S receipt of written notice thereof from
COUNTY, and the COUNTY will have no further obligation under the terms of this
Agreement to the CONTRACTOR beyond that already incurred by the termination date.
41. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall
not acquire any interest,which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
42. CODE OF ETHICS
The COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
43. EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR
EMPLOYEES
CONTRACTOR warrants that it has not employed, retained or otherwise had act on its
behalf any former County officer or employee subject to the prohibition of Section 2 of
Monroe County Ordinance No. 0 10.-1990 or any County officer or employee in violation
of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this
provision the COUNTY may, in its discretion, terminate this contract without liability and
19
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
may also, in its discretion, deduct from the contract or purchase price, or otherwise recover
the full amount of any fee,commission, percentage,gift,or consideration paid to the former
County officer or employee.
44. AGREEMENTS WITH SLJBCONTRACTORS
In the event that the CONTRACTOR subcontracts any or all of its obligations under this
Agreement to any third party, the CONTRACTOR specifically agrees to identify the
COUNTY as an additional insured on all insurance policies required hereunder. In
addition, the CONTRACTOR specifically agrees that all agreements or contracts of any
nature with its subcontractors shall require such subcontractors to name the COUNTY as
an additional insured.
45. E-VERIFY SYSTEM
Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the
CONTRACTOR and any subcontractor shall register with and shall utilize the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization
status of all new employees hired by the CONTRACTOR during the term of the Contract
and shall expressly require any subcontractors performing work or providing services
pursuant to the Contract to likewise utilize the (J.S. Department of Homeland Security's
E.-Verify system to verify the work authorization of all new employees hired by the
subcontractor during the Contract term.Any subcontractor shall provide an affidavit stating
that the subcontractor does not employ, contract with, or subcontract with an unauthorized
alien. The CONTRACTOR shall comply with and be subject to the provisions of Section
448.095, Florida Statutes.
46. FEDERAL CON TRACT R�911REMENTS
,The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as
set forth in 2 CTR. §200.326 Contract provisions and Appendix 11 to 2 C.F.R. Part 200,
as amended, including but not limited to:
46.1. Davis-Bacon Act as amended 0 U.S.C. 3141-3148J.
When required by Federal program legislation, which includes Emergency Management
Preparedness Grant Program,Homeland Security Grant Program,Nonprofit Security Grant
Program, Tribal Homeland Security Grant Program, Port Security Grant Program and
Transit Security Grant Program, all prime construction contracts in excess of $2,000
awarded by non.-Federal entities must comply with the Davis.-Bacon Act (40 U S.C.
§§3 141-3 144, and §§3 146-3 148)as supplemented by Department of Labor regulations (29
CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute, contractors must be
required to pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition, contractors
must be required to pay wages not less than once a week. If applicable,the COUNTY must
place a current prevailing wage determination issued by the Department of Labor in each
solicitation, a copy of which will be attached hereto as Attachment B and made a part
20
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
hereof. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The COUNTY must report all suspected or reported
violations to the Federal awarding agency.
When required by Federal program legislation, which includes Emergency Management
Preparedness Grant Program,Homeland Security Grant Program,Nonprofit Security Grant
Program, Tribal Homeland Security Grant Program, Port Security Grant Program and
Transit Security Grant Program (it does not apply to other FEMA grant and cooperative
agreement programs, including the Public Assistance Program), the contractors, in
contracts for construction or repair work above $2,000 in situations where the Davis.-Bacon
also applies,must also comply with the Copeland"Anti-Kickback"Act(40 (J.S.C. § 3145),
as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans
or Grants from the United States"). As required by the Act, each contractor or subrecipient
is prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he
or she is otherwise entitled. The COUNTY must report all suspected or reported violations
to the Federal awarding agency.
(1) Contractor. The contractor shall comply with U.S.C. § 3145, and the
requirements of 29 C.F.R. Part 3 as may be applicable, which are
incorporated by reference into this contract.
(2) Subcontracts. The contractor shall insert in any subcontracts related to this
Agreement the clause above and such other clauses as the FEMA may by
appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 CTR. § 5.12.
Additionally, in accordance with the regulation, each contractor and subcontractor must
furnish each week a statement with respect to the wages paid each of its employees engaged
in work covered by the Copeland Anti.-Kickback Act and the Davis Bacon Act during the
preceding weekly payroll period. The report shall be delivered by the contractor or
subcontractor, within seven days after the regular payment date of the payroll period, to a
representative of a Federal or State agency in charge at the site of the building or work.
46.2. Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701.-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of$100,000 that involve the employment of
mechanics or laborers must comply with 40 U.SC.§§ 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each
21
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
contractor must compute the wages of every mechanic and laborer on the basis of a
standard workweek of 40 hours. Work in excess of the standard workweek is permissible
provided that the worker is compensated at a rate of not less than one and a half times the
basic rate of pay for all hours worked in excess of 40 hours in the workweek. The
requirements of 40 U SC 3704 are applicable to construction work and provide that no
laborer or mechanic must be required to work in surroundings or under working conditions,
which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overlime requirement�. No contractor or subcontractor contracting for any
part of the contract work, which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic
in any workweek in which he or she is employed on such work to work in
excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violcilion; licibililyfbr unl)cfid wages; liquidated damages. In the event of
any violation of the clause set forth in paragraph (b)(I) of 29 CTR. §5.5,
the Contractor and any subcontractor responsible therefor shall be liable for
the unpaid wages. In addition, such contractor and subcontractor shall be
liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph (b)(I) of
29 CTR. §5.5, in the sum of $27 for each calendar day on which such
individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required
by the clause set forth in paragraph (b)(I) of this section.
(3) Wilhholdingfi)r unl)aid wages and liqitidciteddcinici�e,s. The Federal agency
shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the contractor
or subcontractor under any such contract or any other Federal contract with
the same prime contractor, or any other federally-assisted contract subject
to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages
and liquidated damages as provided in the clause set forth in paragraph
(b)(2) of this section.
22
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
(4) Subconlrcic& The contractor or subcontractor shall insert in any
subcontracts related to this Agreement the clauses set forth in 29 C.H.R.
§5.5, paragraphs (b)(1) through (4), and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for compliance by any subcontractor
or lower tier subcontractor with the clauses set forth in paragraphs (I
through (4) of this section.
46.3. - If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CI R Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
46.4. Clean Air Act ter Pollution Control
Contractor agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, as
amended (42 U.S.C. §§7401.-7671q) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. §§125 1.- 1387) and will report violations to FEMA/Federal Agency
and the appropriate Regional Office of the Environmental Protection Agency (EPA). The
Clean Air Act (42 U.S.C. §§7401.- 7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. §§125 1-1387), as amended, applies to Contracts and subgrants of amounts in
excess of $150,000. The contractor agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with Federal assistance
provided by FEMA/Federal agency. The Contractor agrees to report each violation to the
COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation
as required to assure notification to FEMA/Federal Agency and the appropriate EPA
Regional Office.
46.5. Debarment an A contract under a
"covered transaction" (see 2 C.F.R. §180.220) must not be made to parties listed on the
government wide exclusions in the System for Award Management(SA ), in accordance
with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3
C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235),
"Debarment and Suspension" and the Department of Homeland Security's regulations at 2
C.F.R. Part 3000 (Nonprocurement Debarment and Suspension). SA M Exclusions contain
the names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive
Order 12549. SAKI exclusions can be accessed at www,sam,ggy. CONTRACTOR is
required to verify that none of the CONTRAuroR'S principals (defined at 2 C.F.R.
§180.935) or its affiliates (defined at 2 C.H.R. §180.905) are excluded (defined at 2 C.H.R.
§180.940) or disqualified (defined at 2 C.H.R. §180.935). The CONTRACTOR must
comply with 2 C.H.R. pt. 180, subpart C and 2 C.H.R. pt. 3000, subpart C, and must include
23
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
a requirement to comply with these regulations in any lower tier covered transaction it
enters into. This certification is a material representation of fact relied upon by the
COUNTY. If it is later determined that the CONTRACTOR did not comply with 2 CTR.
pt. 180, subpart C and 2 CTR. pt. 3000, subpart C, in addition to remedies available to the
COUNTY, the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment. Bidders or Proposers agree to comply with the
requirements of 2 CTR. pt. 180, subpart C and 2 CTR. pt. 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise from this offer. The
Bidder or Proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
46.6. Contractors that apply or bid for
an award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 USC. § 1352. Each tier must also disclose any lobbying with non.-
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the awarding agency. If award exceeds $100,000.00, the required
certification must be signed and submitted by the CONTRACTOR to the COUNTY.
46.7. Compliance with Procurement of Recovered Materials as set forth in 2 L.F.R._§
203.322. CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal
Act, as amended, by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CT Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded$10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines. In the performance of this contract, the CONTRACTOR
shall make maximum use of products containing recovered materials that are EPA.-
designated items unless the product cannot be acquired -----
(1) Competitively within a timeframe providing for compliance with the contract
performance schedule-,
(2) Meeting contract performance requirements; or
(3) At a reasonable price.
Information about this requirement, along with the list of EPA.-designated items, is
available at EPA's Comprehensive Procurement Guidelines website,
https://www.epa.gov/smm/comprehensive.-procurement.-guideline.-cpg.-program. The
24
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
CONTRACTOR also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act.
46.8. Prohibition on Certain Telecommunications and Video Surveillance Services or
L�guipment as set forth in 2 C.F.R._§.200.216. Recipients and subrecipients and their
contractors and subcontractors may not obligate or expend any federal funds to(1)Procure
or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract
(or extend or renew a contract) to procure or obtain equipment, services, or systems that
uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As described in
Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced
by Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or DahuaTechnology Company (or any subsidiary
or affiliate of such entities).
(i i) Tel ecommun i cations or video surveillance services provided by such
entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced
or provided by an entity that the Secretary of Defense, in consultation with
the Director of the National Intelligence or the Director of the Federal
Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a covered
foreign country.
46.9. Domestic Preference for Procurements as set forth in 2 f,.F.R._ 200.322. The
LINTY and CONTRACTOR should, to the greatest extent practicable, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced
in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). These requirements of this section must be included in all
subawards including contracts and purchase orders for work or products under federal
award. For purposes of this section:
"Produced in the United States" means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in
the United States. "Manufactured products" means items and construction materials
composed in whole or in part of non-ferrous metals such as aluminum; plastics and
polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete;
glass, including optical fiber; and lumber.
25
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
46.10. Americans with Disabilities Act of 1922,jas�ame�n.ded �AQA Ada The CONTRACTOR will
comply with all the requirements as imposed by the AD A, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto.
46.11. Disadvantaged Business Lnterprise DBE Polic and Obligation. It is the policy of the
COIJN,ry that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
COUNTY funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this agreement. The COUNTY and its CONTRACTOR
agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with 2 CT R. § 200.321(as set forth in detail below),
applicable federal and state laws and regulations to ensure that the DBE's have the
opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR
and subcontractors shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of contracts, entered pursuant to this Agreement.
2 CT R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMIH.N'S BUSINESS EN,rERPRISES, AND LABOR SIJRPLIJS AREA FIRMS
A. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to
subcontract goods or services, then, in accordance with 2 CT R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used
wh en ever��rossibl e.
B. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists-,
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources-,
(3) Dividing total requirements, when econo!njcally feasible, into smaller tasks
or quantities to pen-nit maximum participation by small and minority
businesses, and women's business enterprises-,
(4) Establishing delivery schedules, where the which
encourage participation by small and minority businesses, and women's
business enterprises-,
(5) Using the services and assistance, as�a.ro�riate, of such organizations as
the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
(6) Requiring the Prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (I) through (5) of this section.
26
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
OTHER FEDERAL ANWOR FF MA RE_QUIREM ENT S (as applicable)
46.12. Access to Records. CONTRACTOR and its successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing the
Department of Homeland Security (DHS) and the Federal Emergency Management
Agency's (FE".MA) access to records, accounts, documents, information, facilities, and
staff. Contractors/Consultants must: (I) Cooperate with any compliance review or
complaint investigation conducted by DHS; (2) Give DHS access to and the right to
examine and copy records, accounts, and other documents and sources of information
related to the grant and permit access to facilities, personnel, and other individuals and
information as may be necessary, as required by DHS regulations and other applicable laws
or program guidance; (3) Submit timely, complete, and accurate reports to the appropriate
DHS officials and maintain appropriate backup documentation to support the reports.
46.13. WI S Seal L000 and Flaus. CONTRACTOR shall not use the Department of Homeland
Security seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency
officials without specific FEMA pre-approval. The CONTRACTOR shall include this
provision in any subcontracts.
46.14. Chances to Contract. The CONTRACTOR understands and agrees that any cost resulting
from a change or modification, change order, or constructive change of the agreement must
be within the scope of any Federal grant or cooperative agreement that may fund this
Agreement and be reasonable for the completion of performance hereunder. Any contract
change or modification, change order or constructive change must be approved in writing
by both the COUNTY and CONTRACTOR.
46.15. Co n liace with Federal La Il
e eau on.s latian.d.F�.xecutive O.rders. This is an
I M L-0
acknowledgement that FEMA financial assistance may be used to fund all or a portion of
the contract. The CONTRACTOR will comply with all applicable federal law, regulations,
executive orders, FEMA policies, procedures, and directives.
46.16. No Oblioation by Federal Government. The Federal Government is not a party to this
contract and is not subject to any obligations or liabilities to the COUNTY/non.-Federal
entity, contractor, or any other party pertaining to any matter resulting from the contract.
46.17. Proaram Fraud and False or Fraudulent Statements or Related Acts. The
CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for
False Claims and Statements) applies to the CON,rRAC,rOR'S actions pertaining to this
contract.
46.18. If this Agreement is funded by the Florida Department of Emergency Management
(FDEM), the CONTRACTOR will be bound by the terms and conditions of any applicable
Federal ly.-F un ded Sub.-Award and Grant Agreement between the COUNTY and the
Florida Division of Emergency Management(Division).
46.19. If applicable, the CONTRACTOR shall hold the Division and COUNTY harmless against
all claims of whatever nature arising out of the CON,rRAC,rOR'S performance of work
under this Agreement, to the extent allowed and required by law.
27
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
46.20 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the
CONTRACTOR during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the Contract
term.
47. LJNCONTROLLABLE CIRCLJMSTANCE
Any delay or failure of either Party to perform its obligations under this Agreement will be
excused to the extent that the delay or failure was caused directly by an event beyond such
Party's control, without such Party's fault or negligence and that by its nature could not
have been foreseen by such Party or, if it could have been foreseen, was unavoidable,
including: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane
or other declared emergency - (c)war, invasion,hostilities(whether war is declared or not),
terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions,
embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any
governmental authority prohibiting work as required hereunder;(each, a "Uncontrollable
Circumstance"). CONmAurOR'S financial inability to perform, changes in cost or
availability of materials, components, or services, market conditions, or supplier actions or
contract disputes will not excuse performance by CONTRACTOR under this Section.
CONTRACTOR shall give COUNTY written notice within 7 days of any event or
circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the
anticipated duration of such Uncontrollable Circumstance. CONTRACTOR shall use all
diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any
Uncontrollable Circumstance are minimized and resume full performance under this
Agreement. The COUNTY will not pay additional cost as a result of an Uncontrollable
Circumstance. The CONTRACTOR may only seek a no cost Amendment for such
reasonable time as the COIJN,ry,S Representative may determine.
48. ENTIRE AGREEMENT
This writing embodies the entire agreement and understanding between the parties hereto,
and there are no other agreements and understandings, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby. Any amendment
to this Agreement shall be in writing, approved by the Board of County Commissioners,
and signed by both parties before it becomes effective.
49. FINAL LJNDERSTANDING
This Agreement is the parties' final mutual understanding. It replaces any earlier
agreements or understandings, whetherwritten or oral This Agreement cannot be modified
or replaced except by another written agreement, signed by the parties hereto.
28
32524945v.1
Docu Sii n Envelope U 172C 807 -9C 1..42 8A- F 5'7-8941 B7F IE,57F
IN WITNESS WHEREOF, OUNTY and CONTRACTOR h iir to have r.ut d this
r. a on the day and year first written above in one (6) counterpart, each of which shall,
r ,r accounting for other counterparts, be deemed an original contract.
sa
a® BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~° By:
As Del,,mly Clerk mayc�r
November 1 � 0
u MOWM NAr w
0 TU
Witnesses f6r CONTRACTOR: CONTRACTOR,-
Signature of persons authorized to legally
Signature _.... bind CONTRACTOR
10/4/2022 9:20 AM PIDAIb rt vas a ez Ben Poch [::iresi dent
T%M- Print Name Print Name and Till
Address:
Signature Irving, '1')C 75039
1.0/4/2022 1 9:21. AM II"8A'cheep Landman 318-21& 6888
Date Print Narne Telephone Number
1.0/4/2 22 � 9-08 A14 IPDT
Date
29
32524945v.1
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this
Agreement on the day and year first written above in one (I) counterpart, each of which shall,
without proof or accounting for other counterparts, be deemed an original contract.
(SEAL) BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Attest: KEVIN MADOK., CLERK.
By: ........................................................................... By: ...........................................................................
As Deputy Clerk Mayor
Date: --November_15, 2022
MONM�E COUNTY ATTORNEV'S 0FRCE
P EDA810f081A
PA11;101A EMUS
!AS&STA=T 0; Y ATTORNEY
2
Witnesses for CONTRACTOR: CONTRACTOR:
ROLT,K A T,T, 'T'FC1JNOLOGIES, LLC
Pb - -------------------------------------------
guluf Vxs � ----------------------------------------------- Signature of persons authorized to legally
Signature bind CONTRACTOR
101412022 1 9:20 AM PD-Albert vasquez Ben Poch President
------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------
T'%-4- Print Name Print Name and Title
ro *JAMAI Address: 600 Las colinaS Blvd. E #900
------------------------------------------ --------------------------------------------------------------------
Signature Irving, TX 75039
--------------------------------------------------------------------------------------
101412022 1 9:21 AM FID-kachael Landman 318--218--6888
-------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------
Date Print Name Telephone Number
101412022 1 9:08 AM PDT
-------------------------------------------------------------------------------------
Date
29
32524945v.1
DocuSign Envelope ID: 172C8O78-9CE1428A+AF57-8g41B7F2E57F
ATTACHMENT
A
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity, may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier,subcontractor,or consultant under a contract with any public entity,and may not transact
business with any public entity in excess of the threshold amount provided in Section 287,017,
Florida Statute, for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list."
r �fu� ,
I have read the above and state that neither „ (Respondents name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
( at r
Date:
STATE OF;
COUNTY OF: ��-
Subscribed and sworn to (or affirmed) before me, by means of 91 physical presence or❑ online
notarization, on _ `tai� by
�� I-1 C� !�4-- (name of affiant). He/She is personally known to
me or has produced (type of identification)
as identification.
Jenni Michelle RaZo NOTAR �C �--
* My Commission
Expires
91512026
Notary ID 12011226
fVly Commission Expires: as ``
NON-COLLUSION AFFIDAVIT
1, Tfesmy of the city of � according to law on my
oath,and under penalty of perjury, depose and1111114
say that
a. I am P oc FWAMCCof the firm of
the bidder making the
Proposal for the project described in the Request for Proposals for
14 It 1. and that I executed the said
proposal with full authority to do so;
b. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor;
C. unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
d. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose
of restricting competition;
e. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the tr a to nts contained in
this affidavit in awarding contracts for said prof .
(Signat
Date: 49 At )W
STATE OF: S
COUNTY OF:
!)o,�La
Subscribed and sworn to (or affirmed) before me, by means of p'physical presence or ❑ online
notarization, on _l l�� _(date) by t �t L r_(name
of affiant). He/She is personally known to me or has produced (type
of identification)as identification.
.� .e. - _ NOTARY P
O�Rll
Jenni Michelle RazoMy Commission Expires +si's 0 My Commission Expires:
Notary lD 12011226
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE°COUNTY, FLORIDA
ETHICS CLAUSE
a, UQ 1.06
(Company)
"...warrants that helit has not employed, retained or otherwise had act on his/her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990, For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, r consideration paid to the
former County officer or employee."
(Sig r
Bate:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ar'Physical presence or 0 online
notarization, on Lai ac)
(date) by- U (name of affiant). He/She is
personally known to me or has produced (type of
identification) as identification.
" Jenni Michelle Razo
My Commission Expires r
Notary915/202ott226 NOTARY PUBLIC
ID 12My Commission Expires: ) osl
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida.SXatute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possesgibh,`or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken .against employees for violations of such
prohibitign,
2. Inform*employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug-free workplace, any available drug.counseling, rehabilitation, and
employee assistance programs, and jhe,penalties that may be imposed upon employees
for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state,for a violation occurring in
the workplace no later than five (5) days,after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that is fir compl' with the above
requirements.
gM re)a,
Date:
STATE OF: e X(�L c --,,,,.
COUNTY OF: �C�� �...__
Subscribed and sworn to or affirmed) before me, by means of 0-physical presence or ❑ online
notarization, on I 'D O (date)
b C' (name of affiant). He/She is personall known to
me or has produce (type of identification) as
identification.
NOTARY PUBLI
Jenni Michelle Razo
My Co mssion Expires My Commission Expires:
C : _ T
Notary ID 12011226
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s): _
Respondent Vendor Name: I, d ,
LL
Vendor FEIN: � — )_ _..
Vendor"s Authorized Representative Name and Title:_ �.
Address:
City: State; Zip:
Phone Number: t
Email Address:
Section 287,135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for
goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may
subject company to civil penalties,attomey's fees,and/or costs.I further understand that any contract with
the County may be terminated, at the option of the County, if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations
in Cuba or Syria.
Certified By; it.1 041
, who is authorized
to sign on behalf of the above r e mpany.
Authorized Signature: _ ,
Print Name:
Title: 1 WMIce
Note: The List are available at the following Department of Management Services Site:
ttp:// . i s.t-ny on a.coi / sineSs_,o rationsSatell- fjurcanJendo information/convicteds a r —
o e __rscrir i ator co I�lai vendor lists ws w
APPENDIX A, 44 C.F.R. PART 18-- CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding$100,000)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.This certification is a material
representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for malting or entering
into this transaction imposed by section 1352,title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
The Contractor, TFOW OLOMYrti ie or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. Chap, 38,
Administrative edi for Fals ims and Statements, apply to this certification and
disclosure, if ny.
Sig trijof'contractor's Adfhorized Official
V -hW/4
Name and Title of Contractor's Authorized Official Dat
DISCLOSURE OF LOBBYLNG ACTRITIES
CIZ NIPUTE ME;F01CM70 Mc"-.0sy.LC,55YWG A,==-S TO 3"X: 4 r. 1352'
I Type of Federal Actionr tit of Federal Action,, 3, Report Type-
a COMMIT a bld�dffel dpplX M011 =a, Mitial
b grant b unteal award b mienal change
C cooperatme agreement c P051-awnd
d, loan For XhteripJ Change Only:
e. loan guararjee, year quarter
f to date of last rEpon
4. Name and Address of Reporting Entity S. If Repovft Entity in No,4 is Sabaw2rdee,
EJwar Eater Name and Address of Prime:
phone FISuba dee
of if known
convouional Dishick if knouz co"rMionil District,if known
6. Federal DeprimendAgeacy: 7,, Federal Progra m Name,11lewri0on:
CTDA N=ber,if applicable
8. Federal Action Namber,if known: 9. Award Amount if imown:
10, a. Nun and Address of Lobby Entity b. JndMduxhP#zformiuSServkes (mcluding
(if indmid".Ini name.first Waxte-MD addreis if tffmw from No. 10a)
Onst nwne,fixst unw,Ml)
(axach cantm,"fin Sheets)if Recesum
11- Amount of Psvzuot(cb*ck all that apply) 13. T%*ofPxvment(cb*ck all that 2ppty)
$ actual [Dplanued a retainer
H b. retainerone-time fee
12. Form of Payment(check All that apply}: c- cou=iAion
& cash d. contingent fee
b. in-kit4 specify: wwe e deferred
value f. othitt,specify
14. Brief Description ofServk*s Performed ortobeperformed and D2*s)*(Service,including
ollic"),omployee(s�or member(s)contacted,for Pxvmsd Indicated in Rem 11:
(attach Conturuabon Sheet(s)if nece&mxy)
16, Couftuation Sbeet(s)attache& Yes No
bl==tica rnw.%d Oxv*ties E=is sidicund by
We 31 U,&C.SKtiam W2. This i5sclomm of kft3jug slpwue'
P&xwe was plmd by do ow alim ubm his ux-Awtim
teas made as smtasad ixdo This 4bsCk"=vi%r*qzfMd Print Name:
purz=to 31 V S.C.1352, This infiormysms%6B bo
Title
SMODD and=more than 1100.000 far ack such tdhm Tebephome No
Arft=Zed for Local Rqtrodwhoc
Federal Use Og Li, Saindaid Form-LLL
2-6c PART MOWNTY
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient.at the initiation or receipt of
covered Federal action ora material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for
such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any
agency.a Member of Congress an officer oremployee of Congress or an employee of a Member of Congress in connection withacovered
Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply
for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and
Budget for additional in formation.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome
of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the
information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last.
previously submitted report by this reporting entity for this covered Federal action
4. Enter the fail name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is orexpects lobe a prime or subaward recipient. Identify
the tier of the subawardee,e.g.,the first subawardeeof the prime is the first tier. Subawards include but are not limited to
subcontracts,subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address.city,state and zip code of
the prime Federal recipient. Include Congressional District,ifknown.
6. Enter the name of the Federal agency making the award or loan commitment, Include at least one organization level below
agency name,if known. Forexample.Department of Transportation,United States Coast Guard,
7, Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the hill Catalog of
Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I(e.g.. Request for
Proposal(RFP)number.Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,
the application/proposal control number assigned by the Federal agency). Include prefixes,e.g.. "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount
of the award/loan commitmments for the primeentity identified in item 4 or 5.
10. (a)Enter the full name.address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to
influenced thecovered Federal action.
(b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last
Name,First Name and Middle Initial(MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity
(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this
is a material change report.enter thecumulativeamount of payment made or planned to be made.
12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature
and value of the in-kind payment.
13. Check the appropriate box. Check all boxes that apply. If other,specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal
officials. Iden lify the Federal officer(s)ore niployce(s)con iacted or the of ficer(s)employee(s)or Member(s) ofCongressthat
were contacted.
15. Check whether or not a continuation sheet(s)is attached.
16. The certifying official shall sign and date the form,print his/her name title and telephone number.
Public reporting burden for this collection of information isestimated to average 30 minutes per response.including time for reviewing
instruction.searching existing data sources.gathering and maintaining the data needed and completing and reviewing the collectionof
information. Send commen is regarding the burden esl i male or any other aspect of this col leciion of in formaiion. including suggestions for
reducing this burden.to the Office of Management and Budget.Paperwork Reduction Project
(0348-0046).Washington,D.C.20503. SF-LLL-Instruct ions Rev.06.04,
90,,ENDIFu
2-6d PART 21COUNTY
ATTACHMENT
B
VV22,2:45 PM SAM.gov
"REGISTER OF WAGE DETERMINATIONS UNDER U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor WAGE AND HOUR DIVISION
WASHINGTON D.C. 20210
Wage Determination No. : 2015-4583
Daniel W. Simms Division of Revision No. : 21
Director Wage Determinations Date Of Last Revision: 06/27/2022
1
Note: Contracts subject to the Service Contract Act are generally required to
pay at least the applicable minimum wage rate required under Executive Order
14026 or Executive Order 136S8.
JIf the contract is entered into on or lWith certain exceptions Executive Order
lafter January 30 2022 or the 114026 applies to the contract.
contract is renewed or extended (e.g. IThe contractor must pay all covered workers
Ian option is exercised) on or after lat least $15.00 per hour (or the applicable
13anuary 30 2022: Iwage rate listed on this wage determination]
I lif it is higher) for all hours spent
1performing on the contract in 2022.
1
JIf the contract is entered into on or lWith certain exceptions Executive Order
lafter January 30 2022 or the 1136S8 applies to the contract.
12022 and the contract is not renewed ]The contractor must pay all covered workers
for extended on or after January 30 lat least $11.25 per hour (or the applicable I
12022: (wage rate listed on this wage determination]
lif it is higher) for all hours spent I
1performing on the contract in 2022. 1
The applicable Executive Order minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections under the Executive Orders
is available at https://www.dol.gov/agencies/whd/government-contracts.
State: Florida
Area: Florida County of Monroe
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations
01011 - Accounting Clerk I 16.16
01012 - Accounting Clerk II 18.14
01013 - Accounting Clerk III 20.29
01020 - Administrative Assistant 22.7S
01035 - Court Reporter 19.64
01041 - Customer Service Representative I 14.83***
01042 - Customer Service Representative II 16.19
01043 - Customer Service Representative III 18.17
01051 - Data Entry Operator I 14.30***
01052 - Data Entry Operator II 1S.60
01060 - Dispatcher Motor Vehicle 17.80
01070 - Document Preparation Clerk 15.65
01090 - Duplicating Machine Operator 15.65
01111 - General Clerk I 14.24***
01112 - General Clerk II 15.S4
01113 - General Clerk III 17.44
https://sam.govtwage-determination/2015-4583/21 �{��
8+°112,2-45 PM SAPAgov
01120 - Housing Referral Assistant 21.90
01141 - Messenger Courier 14.04***
01191 - Order Clerk 1 16.02
01192 - Order Clerk II 17.48
01261 - Personnel Assistant (Employment) I 17.56
01262 - Personnel Assistant (Employment) II 19.64
01263 - Personnel Assistant (Employment) III 21.90
01270 - Production Control Clerk 23.97
01290 - Rental Clerk 17.54
01300 - Scheduler Maintenance 17.56
01311 - Secretary I 17.56
01312 - Secretary II 19.64
01313 - Secretary III 21.90
01320 - Service Order Dispatcher 15.91
01410 - Supply Technician 23.21
01420 - Survey Worker 19.23
01460 - Switchboard Operator/Receptionist 14.88***
01531 - Travel Clerk I 13.34***
01532 - Travel Clerk II 14.15***
01533 - Travel Clerk III 14.84***
01611 - Word Processor I 15.00
01612 - Word Processor II 16.84
01613 - Word Processor III 18.83
05000 - Automotive Service Occupations
05005 - Automobile Body Repairer Fiberglass 18.49
05010 - Automotive Electrician 18.32
05040 - Automotive Glass Installer 27.14
05070 - Automotive Worker 17.14
05110 - Mobile Equipment Servicer 14.58***
05130 - Motor Equipment Metal Mechanic 19.57
05160 - Motor Equipment Metal Worker 17.14
05190 - Motor Vehicle Mechanic 19.57
05220 - Motor Vehicle Mechanic Helper 13.27***
05250 - Motor Vehicle Upholstery Worker 15.89
05280 - Motor Vehicle Wrecker 17.14
05310 - Painter Automotive 18.32
05340 - Radiator Repair Specialist 17.14
05370 - Tire Repairer 14.58***
05400 - Transmission Repair Specialist 19.57
07000 - Food Preparation And Service Occupations
07010 - Baker 14.27***
07041 - Cook I 12.87***
07042 - Cook II 15.14
07070 - Dishwasher 11.89***
07130 - Food Service Worker 13.52***
07210 - Meat Cutter 20.06
07260 - Waiter/Waitress 11.40***
09000 - Furniture Maintenance And Repair Occupations
09010 - Electrostatic Spray Painter 21.53
09040 - Furniture Handler 12.53***
09080 - Furniture Refinisher 21.53
09090 - Furniture Refinisher Helper 15.60
09110 - Furniture Repairer Minor 18.67
09130 - Upholsterer 21.53
11000 - General Services And Support Occupations
11030 - Cleaner Vehicles 14.05***
11060 - Elevator Operator 13.33***
11090 - Gardener 21.26
11122 - Housekeeping Aide 13.33***
11150 - Janitor 13.33***
11210 - Laborer Grounds Maintenance 15.54
11240 - Maid or Houseman 13.33***
11260 - Pruner 13.59***
11270 - Tractor Operator 19.37
11330 - Trail Maintenance Worker 15.54
https:llsam.govtwage-deterFnination/2015-4583121 #1 t
811f22,2:45 PN1 SAM gov
11360 - Window Cleaner 15.25
12000 -- Health Occupations
12010 - Ambulance Driver 19.38
12011 - Breath Alcohol Technician 20.18
12012 - Certified Occupational Therapist Assistant 33.19
12015 - Certified Physical Therapist Assistant 34.23
12020 - Dental Assistant 21.42
12025 - Dental Hygienist 39.12
12030 - EKG Technician 30.59
12035 - Electroneurodiagnostic Technologist 30.59
12040 - Emergency Medical Technician 19.38
12071 - Licensed Practical Nurse I 18.04
12072 - Licensed Practical Nurse II 20.18
12073 - Licensed Practical Nurse III 22.50
12100 - Medical Assistant 17.19
12130 - Medical Laboratory Technician 26.20
12160 - Medical Record Clerk 16.28
12190 - Medical Record Technician 19.56
12195 - Medical Transcriptionist 18.04
12210 - Nuclear Medicine Technologist 44.36
12221 - Nursing Assistant I 12.73***
12222 - Nursing Assistant II 14.30***
12223 - Nursing Assistant III 15.61
12224 - Nursing Assistant IV 17.52
12235 - Optical Dispenser 20.18
12236 - Optical Technician 18.04
12250 - Pharmacy Technician 17.48
12280 - Phlebotomist 17.48
12305 - Radiologic Technologist 30.59
12311 - Registered Nurse I 26.32
12312 - Registered Nurse II 29.92
12313 - Registered Nurse II Specialist 29.92
12314 - Registered Nurse III 36.61
12315 - Registered Nurse III Anesthetist 36.61
12316 - Registered Nurse IV 43.39
12317 - Scheduler (Drug and Alcohol Testing) 25.01
12320 - Substance Abuse Treatment Counselor 23.73
13000 - Information And Arts Occupations
13011 - Exhibits Specialist I 21.04
13012 - Exhibits Specialist II 26.07
13013 - Exhibits Specialist III 31.89
13041 - Illustrator I 21.04
13042 - Illustrator II 26.07
13043 - Illustrator III 31.89
13047 - Librarian 31.86
13050 Library Aide/Clerk 16.76
13054 - Library Information Technology Systems 26.99
Administrator
13058 Library Technician 18.87
13061 - Media Specialist I 18.81
13062 - Media Specialist II 21.04
13063 - Media Specialist III 23.46
13071 - Photographer I 18.56
13072 - Photographer II 20.76
13073 - Photographer III 25.72
13074 - Photographer IV 31.46
13075 - Photographer V 38.06
13090 - Technical Order Library Clerk 21.04
13110 - Video Teleconference Technician 22.48
14000 - Information Technology Occupations
14041 - Computer Operator I 18.05
14042 - Computer Operator II 20.20
14043 - Computer Operator III 22.52
14044 - Computer Operator IV 25.03
14045 - Computer Operator V 27.71
httpsYisam,govfwage-detennination/2015-458W21 V11
SP, 22,2.45 PV SAPi. ov
14071 ,,, Computer Programmer I (See 1) 22..94
14072 momputer Programmer II (see 1)
14073 Computer Programmer III (see 1)
14074 - Computer Programmer IV (see 1)
14101 - Computer Systems Analyst I (see 1)
14102 - Computer Systems Analyst II (see 1)
14103 - Computer Systems Analyst III (see 1)
14150 - Peripheral Equipment Operator 18.05
14160 - Personal Computer Support Technician 25.03
14170 - System Support Specialist 27.71
15000 - Instructional Occupations
15010 - Aircrew Training Devices Instructor (Non-Rated) 31.69
15020 - Aircrew Training Devices Instructor (Rated) 38.33
15030 - Air Crew Training Devices Instructor (Pilot) 45.96
15050 - Computer Based Training Specialist / Instructor 31.69
15060 - Educational Technologist 26.06
15070 - Flight Instructor (Pilot) 45.96
15080 - Graphic Artist 25.96
15085 - Maintenance Test Pilot Fixed let/Prop 45.96
15086 - Maintenance Test Pilot Rotary Wing 45.96
15088 - Non-Maintenance Test/Co-Pilot 45.96
15090 - Technical Instructor 21.38
15095 - Technical Instructor/Course Developer 26.16
15110 - Test Proctor 17.26
15120 - Tutor 17.26
16000 - Laundry Dry-Cleaning Pressing And Related Occupations
16010 - Assembler 11.83***
16030 - Counter Attendant 11.83***
16040 - Dry Cleaner 14.44***
16070 - Finisher Flatwork Machine 11.83***
16090 - Presser Hand 11.83***
16110 - Presser Machine Drycleaning 11.83***
16130 - Presser Machine Shirts 11.83***
16160 - Presser Machine Wearing Apparel Laundry 11.83***
16190 - Sewing Machine Operator 15.14
16220 - Tailor 15.84
16250 - Washer Machine 12.78***
19000 - Machine Tool Operation And Repair Occupations
19010 - Machine-Tool Operator (Tool Room) 21.53
19040 - Tool And Die Maker 27.14
21000 - Materials Handling And Packing Occupations
21020 - Forklift Operator 21.68
21030 - Material Coordinator 23.01
21040 - Material Expediter 23.01
21050 - Material Handling Laborer 15.27
21071 - Order Filler 15.57
21080 - Production Line Worker (Food Processing) 21.68
21110 - Shipping Packer 17.80
21130 - Shipping/Receiving Clerk 17.80
21140 - Store Worker I 11.17***
21150 - Stock Clerk 16.68
21210 - Tools And Parts Attendant 21.68
21410 - Warehouse Specialist 21.68
23000 - Mechanics And Maintenance And Repair Occupations
23010 - Aerospace Structural Welder 32.46
23019 - Aircraft Logs and Records Technician 24.83
23021 - Aircraft Mechanic I 30.58
23022 - Aircraft Mechanic II 32.46
23023 - Aircraft Mechanic III 34.24
23040 - Aircraft Mechanic Helper 20.75
23050 - Aircraft Painter 28.63
23060 - Aircraft Servicer 24.83
23070 - Aircraft Survival Flight Equipment Technician 28.63
23080 - Aircraft Worker 26.79
23091 - Aircrew Life Support Equipment (ALSE) Mechanic 26.79
https://sam.govtwage-determinaflon/2015-1583/21 4111
E11f22,2:a45 PM SAM.gov
I
23092 Aircrew Life Support Equipment (ALSE) Mechanic 39 SS
II
23110 - Appliance Mechanic 21.53
23120 - Bicycle Repairer 17.13
23125 - table Splicer 30.18
23130 - Carpenter Maintenance 22.51
23140 - Carpet Layer 20.14
23160 - Electrician Maintenance 23.86
23181 - Electronics Technician Maintenance I 21.43
23182 - Electronics Technician Maintenance II 23.32
23183 - Electronics Technician Maintenance III 25.75
23260 - Fabric Worker 18.67
23290 - Fire Alarm System Mechanic 23.14
23310 - Fire Extinguisher Repairer 17.13
23311 - Fuel Distribution System Mechanic 23.73
23312 - Fuel Distribution System Operator 17.69
23370 - General Maintenance Worker 17.92
23380 - Ground Support Equipment Mechanic 30.58
23381 - Ground Support Equipment Servicer 24.83
23382 - Ground Support Equipment Worker 26.79
23391 - Gunsmith I 17.13
23392 - Gunsmith II 20.14
23393 - Gunsmith III 23.00
23410 - Heating Ventilation And Air-Conditioning 22.13
Mechanic
23411 - Heating Ventilation And Air Contidioning 23.49
Mechanic (Research Facility)
23430 - Heavy Equipment Mechanic 22.42
23440 - Heavy Equipment Operator 18.20
23460 - Instrument Mechanic 23.00
23465 - Laboratory/Shelter Mechanic 21.53
23470 - Laborer 15.27
23510 - Locksmith 21.53
23530 - Machinery Maintenance Mechanic 26.45
23550 - Machinist Maintenance 23.00
23580 - Maintenance Trades Helper 15.35
23591 - Metrology Technician I 23.00
23592 - Metrology Technician II 24.41
23593 - Metrology Technician III 25.75
23640 - Millwright 23.00
23710 - Office Appliance Repairer 21.53
23760 - Painter Maintenance 18.06
23790 - Pipefitter Maintenance 22.22
23810 - Plumber Maintenance 21.15
23820 - Pneudraulic Systems Mechanic 23.00
23850 - Rigger 23.00
23870 - Scale Mechanic 20.14
23890 - Sheet-Metal Worker Maintenance 21.57
23910 - Small Engine Mechanic 19.06
23931 - Telecommunications Mechanic I 32.12
23932 - Telecommunications Mechanic II 34.09
23950 - Telephone Lineman 22.23
23960 - Welder Combination Maintenance 22.26
23965 - Well Driller 23.00
23970 - Woodcraft Worker 23.00
23980 - Woodworker 17.13
24000 - Personal Needs Occupations
24550 - Case Manager 18.28
24570 - Child Care Attendant 11.22***
24580 - Child Care Center Clerk 15.33
24610 - Chore Aide 11.75***
24620 - Family Readiness And Support Services 18.28
Coordinator
24630 - Homemaker 18.28
httos:l/sam.00vtwane-determina#ion/2015-4583121 SM 3
8/1122,2:45 PM SAM.gov
25009 - Punt And System Operations Occupations
25010 - Boiler Tender 23.94
25040 - Sewage Plant Operator 23.53
25070 - Stationary Engineer 23.94
25190 - Ventilation Equipment Tender 16.99
25210 - Water Treatment Plant Operator 23.53
27000 - Protective Service Occupations
27004 - Alarm Monitor 20.47
27007 - Baggage Inspector 15.26
27008 - Corrections Officer 25.15
27010 - Court Security Officer 28.50
27030 - Detection Dog Handler 18.11
27040 - Detention Officer 25.15
27070 - Firefighter 26.09
27101 - Guard I 15.26
27102 - Guard II 18.11
27131 - Police Officer I 30.90
27132 - Police Officer II 34.34
28000 - Recreation Occupations
28041 - Carnival Equipment Operator 15.48
28042 - Carnival Equipment Repairer 17.00
28043 - Carnival Worker 10.90***
28210 - Gate Attendant/Gate Tender 16.29
28310 Lifeguard 14.84***
28350 - Park Attendant (Aide) 18.23
28510 - Recreation Aide/Health Facility Attendant 13.30***
28515 - Recreation Specialist 22.58
28630 - Sports Official 14.51***
28690 - Swimming Pool Operator 21.75
29000 - Stevedoring/Longshoremen Occupational Services
29010 - Blocker And Bracer 25.04
29020 - Hatch Tender 25.04
29030 Line Handler 25.04
29041 - Stevedore I 22.95
29042 - Stevedore II 27.14
30000 - Technical Occupations
30010 - Air Traffic Control Specialist Center (HFO) (see 2) 43.96
30011 - Air Traffic Control Specialist Station (HFO) (see 2) 30.31
30012 - Air Traffic Control Specialist Terminal (HFO) (see 2) 33.38
30021 - Archeological Technician I 19.44
30022 - Archeological Technician II 21.75
30023 - Archeological Technician III 26.93
30030 - Cartographic Technician 26.93
30040 - Civil Engineering Technician 25.84
30051 - Cryogenic Technician I 29.84
30052 - Cryogenic Technician II 32.95
30061 - Drafter/CAD Operator I 19.44
30062 - Drafter/CAD Operator II 21.75
30063 - Drafter/CAD Operator III 24.25
30064 - Drafter/CAD Operator IV 29.84
30081 - Engineering Technician I 17.93
30082 - Engineering Technician II 21.92
30083 - Engineering Technician III 24.53
30084 - Engineering Technician IV 27.90
30085 - Engineering Technician V 34.13
30086 - Engineering Technician VI 41.29
30090 - Environmental Technician 26.42
30095 - Evidence Control Specialist 26.93
30210 - Laboratory Technician 24.25
30221 - Latent Fingerprint Technician I 29.84
30222 - Latent Fingerprint Technician II 32.95
30240 - Mathematical Technician 26.93
30361 - Paralegal/Legal Assistant I 20.18
30362 - Paralegal/Legal Assistant II 25.00
30363 - Paralegal/Legal Assistant III 30.57
httos://sam.00vfwaae-determination/20154583/21 6111
8,1�2,2�45 F;%,� SAM gom
30364 As,3ista7t IV 36^99
30375 - Petroleum Supply Specialist 32.95
30390 Photo-Qptics Technic'-an 25.86
30395 Radiatici C'ontrol Technician 32.95
30461 ' Technical writer I 26'93
30462 - Technical Writer II 32,95
30463 ' Technical Writer 111 39,87
30491 - Unexploded Ordnance (UXO) Technician I 27,94
30492 - Unexploded Ordnance (UXO) Technician 11 ]].80
30493 - Unexploded Ordnance (UXO) Technician 111 40.51
30494 - Unexploded (QXO) Safety Escort 27'94
30495 - Unexploded (UXO) Sweep Personnel 27.94
30501 - Weather Forecaster I 29.84
30502 - Weather Forecaster II 36.30
30620 - Weather Observer Combined Upper Air Or (see 2) 24.25
Surface Programs
30621 - Weather Observer Senior (see 2) 26,93
31000 - Transportation/Mobile Equipment Operation Occupations
31010 - Airplane Pilot 33.80
31020 - Bus Aide 12.80***
31030 - Bus Driver 19.08
31043 - Driver Courier 15'95
31260 - Parking and Lot Attendant 11.19***
31290 - Shuttle Bus Driver 17,51
31310 - Taxi Driver 14.67***
31361 - Truchdriwer Light 17.51
31362 - Truchdriwer Medium 19,08
31363 - Truchdriwer Heavy 19.96
31364 - TruchdriwerTractor-Trailer 19'96
99000 - Miscellaneous Occupations
99020 - Cabin Safety Specialist 16'48
99030 - Cashier 11.74***
99050 - Desk Clerk 13.58***
99095 - Embalmer 27.94
99130 - Flight Follower 27.94
99251 - Laboratory Animal Caretaker % 16,05
99252 - Laboratory Animal Caretaker 11 17,61
99260 - Marketing Analyst 27.84
99310 - Mortician 27'94
99410 - Pest Controller 19,24
99510 - Photofinishing Worker 14,68***
99710 - Recycling Laborer 20'78
99711 - Recycling Specialist 25,89
99730 - Refuse Collector 18'16
99810 - Sales Clerk 13'62***
99820 - School Crossing Guard 15'29
99830 - Survey Party Chief 21.02
99831 - Surveying Aide 11.45***
99832 - Surveying Technician 18.76
99840 - Vending Machine Attendant 18'48
99841 - Vending Machine Repairer 23'86
99842 - Vending Machine Repairer Helper 10.40
***Workers in this classification may be entitled to a higher minimum wage under
Executive Order 14026 ($15'00 per hour) or 13658 ($11.25 per hour)' Please see the
Note at the top of the wage determination for more information' Please also note
that the minimum wage requirements of Executive Order 14026 and 13658 are not
currently being enforced as to contracts or contract-like instruments entered into
with the federal government in connection with seasonal recreational services or
seasonal recreational equipment rental for the general public on federal lands.
huno://svm".cpv^waoe+detem"inamun/2015-4583121 7111
�.1/22 245PM SA}iCry
�ute: Executive Ord�2r (EO) 13-3-106 �_s-tabIis�ing -id Sick Leave 41nr Federal
Contractors applies 'zn olI contracts subject to the Service Contract Act for mhich
che contract is auardud (and any solicitation xas -'ssued) on or after January 1
2017. If this contract is covered by the EO the contractor must provide employees
with z hour of paid sick leave for every 30 hours they work up to 56 hours of paid
sick leave each year. Employees must be permitted to use paid sick leave for their
own illness injury or other health-related needs including preventive care: to
assist a family member (or person who is like family to the employee) who is ill
injured or has other health-related needs including preventive care; or for
reasons resulting from or to assist a family member (or person who is like family
to the employee) who is the victim of domestic violence sexual assault or
stalking. Additional information on contractor requirements and worker protections
under the EO is available at uww,dol.gov/whd/govcontracts.
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.80 per hour up to 40 hours per week or $192,00 per week or
$832,00 per month
HEALTH & WELFARE EO 13706: $4.41 per hour up to 40 hours per week or $176'40 per
week or $764.40 per month*
*This rate is to be used only when compensating employees for performance on an SCA'
covered contract also covered by EO 13706 Establishing Paid Sick Leave for Federal
Contractors. A contractor may not receive credit toward its S[A obligations for any
paid sick leave provided pursuant to EO 13706.
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or
successor; ] weeks after S years 4weehs after 15 years and S weeks after 20 years.
Length of service includes the whole span of continuous service with the present
contractor or successor wherever employed and with the predecessor contractors in
the performance of similar work at the same Federal facility. (Reg. 29 [FR 4.17])
HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day Martin
Luther King Jr.'s Birthday Washington's Birthday Memorial Day Juneteenth
National Independence Day Independence Day Labor Day Columbus Day Veterans'
Day Thanksgiving Day and Christmas Day. (A contractor may substitute for any of
the named holidays another day off with pay in accordance with a plan communicated
to the employees involved') (See 29 CFR 4.174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1} COMPUTER EMPLOYEES: This wage determination does not apply to any individual
employed in a bona fide executive administrative or professional capacity as
defined in 29 C.F.R. part 541. (See 41 C.F.R. 6701(]}). Because most Computer
Systems Analysts and Computer Programmers who are paid at least $27.63 per hour (or
at least $684 per week if paid on a salary or fee basis) likely qualify as exempt
computer professionals under 29 U.S.[. 213(a)(1) and 39 U.S.C. 313(a)(17) this wage
determination may not include wage rates for all occupations within those job
families. In such instances a conformance will be necessary if there are nonexempt
employees in these job families working on the contract.
Job titles vary widely and change quickly in the computer industry and are not
determinative of whether an employee is an exempt computer professional. To be
exempt computer employees who satisfy the compensation requirements must also have
a primary duty that consists of:
(1) The application of systems analysis techniques and procedures including
consulting with users to determine hardware software or system functional
specifications;
(2) The design development documentation analysis creation testing or
modification of computer systems or programs including prototypes based on and
mtDo:floom,nu°Nvan*detmmommWon/20154583M mvn
311122,2,45 P Nt SAIVI,gom
related to or s/steo design specifications;
(3) The ��si1go documentation testing creation or modification of conputer
pro�rams related to machine operatirg systems; or
(4) A combination of the aforementioned duties the performance of which
requires the same level of skills. (29 C.F.R. S41.400).
Any computer employee who meets the applicable compensation requirements and the
above duties test qualifies as an exempt computer professional under both section
13(a)/1\ and section 13(a)(I7) of the Fair Labor Standards Act' (Field Assistance
Bulletin No, 2006-3 (Dec' 14 2006)). Accordingly this wage determination will not
apply to any exempt computer employee regardless of which of these two exemptions is
utilized.
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNUAY PAY: If you
work at night as part of a regular tour of duty you will earn a night differential
and receive an additional 10% of basic pay for any hours worked between Gpm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your
regularly scheduled workweek you are paid at your rate of basic pay plus a Sunday
premium of 25% of your basic rate for each hour of Sunday work which is not overtime
(i'e' occasional work on Sunday outside the normal tour of duty is considered
overtime work)'
** HAZARDOUS PAY DIFFERENTIAL �*
An @ percent differential is applicable to employees employed in a position that
represents a high degree of hazard when working with or in close proximity to
ordnance explosives and incendiary materials. This includes work such as
screening blending dying mixing and pressing of sensitive ordnance explosives
and pyrotechnic compositions such as lead azide black powder and photoflash powder.
All dry-house activities involving propellants or explosives. Demilitarization
modification renovation demolition and maintenance operations on sensitive
ordnance explosives and incendiary materials. All operations involving re-grading
and cleaning of artillery ranges.
A percent differential is applicable to employees employed in a position that
represents a low degree of hazard when working with or in close proximity to
ordnance (or employees possibly adjacent to) explosives and incendiary materials
which involves potential injury such as laceration of hands face or arms of the
employee engaged in the operation irritation of the skin minor burns and the like;
minimal damage to immediate or adjacent work area or equipment being used. All
operations involving unloading storage and hauling of ordnance explosive and
incendiary ordnance material other than small arms ammunition. These differentials
are only applicable to work that has been specifically designated by the agency for
ordnance explosives and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract
(either by the terms of the Government contract by the employer by the state or
local law etc') the cost of furnishing such uniforms and maintaining (by
laundering or dry cleaning) such uniforms is an expense that may not be borne by an
employee where such cost reduces the hourly rate below that required by the wage
determination. The Department of Labor will accept payment in accordance with the
following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an
adequate number of uniforms without cost or to reimburse employees for the actual
cost of the uniforms' In addition where uniform cleaning and maintenance is made
the responsibility of the employee all contractors and subcontractors subject to
this wage determination shall (in the absence of a bona fide collective bargaining
agreement providing for a different amount or the furnishing of contrary
affirmative proof as to the actual cost) reimburse all employees for such cleaning
hmpm:8oam.00w^wanm-dewa"ninamon/20154583121 Rill
2/122.2-45P1i [�Nigmv
a:d mairtenamce a ra�,-e of �5.55 per week (or $.67 cec4-s per di}}. -owever in
those instances uhere the Uniforms formlshed are made of ""wish zmd wear""
erI a y be routi n e 1 y wached an dci-_d y±tb other perao-aI -srmerts ocd 6m
nmt require any special treatment such as dry cIeaning, daily uasbing or commerclal
laundering in order to meet the cleanliness or appearance standards set by the terms
of the Government contract by the contractor by law or by the nature of the work
there is no requirement that employees be reimbursed for uniform maintenance costs,
~* SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **
The duties of employees under job titles listed are those described in the
""Service Contract Act Directory of Occupations"" Fifth Edition (Revision 1)
dated September 2015 unless otherwise indicated,
** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE Standard
Form 1444 (SF-1444) **
Conformance Process:
The contracting officer shall require that any class of service employee which is
not listed herein and which is to be employed under the contract (i.e. the work to
be performed is not performed by any classification listed in the wage
determination) be classified by the contractor so as to provide a reasonable
relationship (i.e. appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage determination (See 29 [FR
4,6(6)(2)(i)), Such conforming procedures shall be initiated by the contractor
prior to the performance of contract work by such unlisted class(es) of employees
(See 29 CFR 4,6(6)(2)(ii)). The Wage and Hour Division shall make a final
determination of conformed classification wage rate and/or fringe benefits which
shall be paid to all employees performing in the classification from the first day
of work on which contract work is performed by them in the classification. Failure
to pay such unlisted employees the compensation agreed upon by the interested
parties and/or fully determined by the Wage and Hour Division retroactive to the
date such class of employees commenced contract work shall be a violation of the Act
and this contract, (See 29 CFR 4.6(6)(2)(v)), When multiple wage determinations are
included in a contract a separate SF-1444 should be prepared for each wage
determination to which a class(es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid the contractor identifies the need for a conformed
occupation(s) and computes a proposed rate(s).
2) After contract award the contractor prepares a written report listing in order
the proposed classification title(s) a Federal grade equivalency (FGE) for each
proposed classification(s) job description(s) and rationale for proposed wage
rate(s) including information regarding the agreement or disagreement of the
authorized representative of the employees involved or where there is no authorized
representative the employees themselves. This report should be submitted to the
contracting officer no later than 30 days after such unlisted class(es) of employees
performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report
of the action together with the agency's recommendations and pertinent
information including the position of the contractor and the employees to the U.S.
Department of Labor Wage and Hour Division for review (See 29 CFR 4.6(6)(2)(ii)),
4) Within 30 days of receipt the Wage and Hour Division approves modifies or
disapproves the action via transmittal to the agency contracting officer or
notifies the contracting officer that additional time will be required to process
the request.
5) The contracting officer transmits the Wage and Hour Division's decision to the
contractor.
hVpu'8num.nowtwano~dow»nninaVon/2015-4583/21 IMI
�schxrit Y
of such Part of I-he ���w dm�ennins�im� �G�m
"}W2�(���}� .
�nformatCimn rariuired by the Re-glulations oust be submitted on SF-1444 o, bond pmper.
When preparing a conformance request the ""Service Contract Act Directory of
Occupations"" should be used to compare job definitions to ensure that duties
requested are not performed by a classification already listed in the wage
determination. Remember it is not the job title but the required tasks that
determine whether a class is included in an established wage determination.
Conformances may not be used to artificially split combine or subdivide
classifications listed in the wage determination (See 39 CFR4.152(c)(1)\'^
humm:/Ioamuoviwana-dmtemminaVon/2015~458301 t�m�